1. (a) Notwithstanding any rules of the board, the commissioner shall allow for a mixing zone in permits that involve a discharge into Lake Michigan if the applicant can demonstrate to the commissioner that the mixing zone will not cause harm to human health or aquatic life.

2. (b) For mixing zones allowed under subsection (a), surface water quality standards for bioaccumulative chemicals of concern, as defined in 40 CFR 132.2, shall be applied to the undiluted discharge, rather than at a point outside the mixing zone.

   [Pre-1996 Recodification Citation: 13-1-3-20.]

As added by P.L.1-1996, SEC.8. Amended by P.L.135-2026, SEC.158.